Under current law, a person who commits a third offense related to drunken driving or driving under the influence of an intoxicant or other drug (OWI offense) must be fined not less than $600 nor more than $2,000 and imprisoned for not less than 45 days nor more than one year. A person who commits a fourth OWI offense must be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year. A person who commits a fourth OWI offense within five years of a prior offense is guilty of a Class H felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a fifth or sixth OWI offense is guilty of a Class H felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a seventh, eighth, or ninth OWI offense is guilty of a Class G felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than three years. A person who commits a tenth or subsequent OWI offense is guilty of a Class F felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than four years. Also under current law, the penalty for a Class E felony is a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both; the penalty for a Class F felony is a fine not to exceed $25,000 or imprisonment not to exceed 12 years and six months, or both; the penalty for a Class G felony is a fine not to exceed $25,000 or imprisonment not to exceed ten years, or both; and the penalty for a Class H felony is a fine not to exceed $10,000 or imprisonment not to exceed six years, or both.

Under this bill, a person who commits a third OWI offense is guilty of a Class H felony and the person must be fined not less than $600 and must be imprisoned for not less than 45 days. A person who commits a fourth OWI offense is guilty of a Class H felony and the person must be fined not less than $600 and must be imprisoned for not less than 60 days. A person who commits a fourth OWI offense within five years of a prior offense is guilty of a Class G felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a fifth or sixth OWI offense is guilty of a Class G felony and the person must be fined not less than $600 and must be imprisoned for not less than six months. A person who commits a seventh, eighth, or ninth OWI offense is guilty of a Class F felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than three years. A person who commits a tenth or greater OWI offense is guilty of a Class E felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than four years.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB71,11Section
1. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB71,2,72
48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 3125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), 4or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2), 5(5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or3. to 7., or (f), (2j) (d), or 6(3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years 7before the date of the investigation under sub. (2) (am).

AB71,28Section
2. 48.685 (5) (br) 6. of the statutes is amended to read:

AB71,3,8148.685 (5) (br) 6. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 2125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 3940.207, 940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s. 4948.51 (3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under 5s. 346.65 (2) (am) 5., 6., or3. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 6that is a felony, if the person completed his or her sentence, including any probation, 7parole, or extended supervision, or was discharged by the department of corrections, 8less than 5 years before the date of the investigation under sub. (2) (am) or (b) 1.

AB71,39Section
3. 346.65 (2) (am) 3. of the statutes is amended to read:

AB71,3,1610
346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), is guilty of a class 11H felony and shall be fined not less than $600 nor more than $2,000 and imprisoned 12for not less than 45 days nor more than one year in the county jail if the number of 13convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total 14number of suspensions, revocations, and other convictions counted under s. 343.307 15(1), equals 3, except that suspensions, revocations, or convictions arising out of the 16same incident or occurrence shall be counted as one.

AB71,417Section
4. 346.65 (2) (am) 4. of the statutes is amended to read:

AB71,3,2418
346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (dm), (f), and (g), 19is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,00020and imprisoned for not less than 60 days nor more than one year in the county jail21if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, 22plus the total number of suspensions, revocations, and other convictions counted 23under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions 24arising out of the same incident or occurrence shall be counted as one.

AB71,525Section
5. 346.65 (2) (am) 4m. of the statutes is amended to read:

AB71,4,91346.65 (2) (am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class 2HG felony and shall be fined not less than $600 and imprisoned for not less than 6 3months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's 4lifetime, plus the total number of suspensions, revocations, and other convictions 5counted under s. 343.307 (1), equals 4 and the person committed an offense that 6resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) 7within 5 years prior to the day of current offense, except that suspensions, 8revocations, or convictions arising out of the same incident or occurrence shall be 9counted as one.

AB71,610Section
6. 346.65 (2) (am) 5. of the statutes is amended to read:

AB71,4,1611
346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H12G felony and shall be fined not less than $600 and imprisoned for not less than 6 13months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's 14lifetime, plus the total number of suspensions, revocations and other convictions 15counted under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or 16convictions arising out of the same incident or occurrence shall be counted as one.

AB71,717Section
7. 346.65 (2) (am) 6. of the statutes is amended to read:

AB71,4,2418
346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class GF felony 19if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, 20plus the total number of suspensions, revocations, and other convictions counted 21under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or 22convictions arising out of the same incident or occurrence shall be counted as one. 23The confinement portion of a bifurcated sentence imposed on the person under s. 24973.01 shall be not less than 3 years.

AB71,825Section
8. 346.65 (2) (am) 7. of the statutes is amended to read:

AB71,5,71346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class FE felony 2if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, 3plus the total number of suspensions, revocations, and other convictions counted 4under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or 5convictions arising out of the same incident or occurrence shall be counted as one. 6The confinement portion of a bifurcated sentence imposed on the person under s. 7973.01 shall be not less than 4 years.

AB71,5,1914
(1) This act first applies to violations committed or refusals occurring on the 15effective date of this subsection, but does not preclude the counting of other 16convictions, suspensions, or revocations as prior convictions, suspensions, or 17revocations for purposes of administrative action by the department of 18transportation, sentencing by a court, or revocation or suspension of motor vehicle 19operating privileges.